Lawyering in the 21st Century

Researching Legal EthicsFeb. 7, 2011Prof. Gerrish

Go ahead and log on to Westlaw We will start with Law Library

website

Refresher on How to Research Efficiently

Key Treatises• ABA/BNA Lawyer’s Manual on

Professional Conduct - available on Westlaw, LexisNexis, and via Law Library subscription

• Restatement of the Law – The Law Governing Lawyers - available on Westlaw

Key Treatises

• Mallen & Smith, Legal Malpractice - KF 313 .M253 - available on Westlaw

• Hazard and Hodes, The Law of Lawyering - KF 306 .H33 (print looseleaf)

• Rotunda and Dzienkowski, Professional Responsibility: A Student’s Guide - KF 306 .Z9

Key Primary Sources• Okla. Ethics Cases - Westlaw and LexisNexis

• ABA Model Rules of Professional Conduct Annotated, Sixth Edition - KF 305 .A2 - available on Westlaw (Annotated) - Unannotated on LexisNexis

• – Okla. Rules of Professional Conduct - in Title 5 of Oklahoma Statutes - in print collection and on www.oscn.net

More resources• ABA Formal Ethics Opinions

- available in ABA/BNA Lawyers’ Manual on Professional Conduct

- available in Westlaw, LexisNexis

• Oklahoma Ethics Opinions - available in www.okbar.org/ethics - summaries in ABA/BNA Lawyers’ Manual on

Professional Conduct - available in Westlaw

Research issue:

In Oklahoma, am I allowed to continue representing a client

with whom I have begun a romantic relationship?

ABA/BNA Lawyer’s Manual on Professional Conduct

Secondary Source

ABA/BNA Lawyer’s Manual

• Available Online at Law Library’s Website• Available in Print in Reserve Room• Provides full-text

– ABA Rules of Conduct– Links to Individual State Ethics Rules– Other Ethical Rules (Judicial Conduct, etc.)– Full-Text of ABA Opinions and Summaries of

State Opinions– References to cases

ABA/BNA Lawyer’s Manual• Editorial Analysis

– Provides detailed analysis and discussion of how rules are being applied and interpreted

– Compares and contrasts different state applications of specific rules

• Current Awareness– Contains a weekly newsletter describing

developments in legal ethics, malpractice and other professional issues.

BNA

Full text of Ethics Rules and Opinions

Practice Guides: Editorial

Analysis by Subject

Index to Practice Guides

Quick Search: “sexual relations” client

Search Tips

A space between terms = AND

Expand +

Lawyers Manual on Prof. Conduct

301:1014

Expand: Conflicts of

Interest

Lawyers Manual on Professional

Conduct 51:416

Discussion of Romantic or Social Ties

Sexual Relations with Client

Analysis and links to BNA news reports on relevant cases, links to full-text of Model Rules, state rules

links to state and ABA Ethics Opinions

No discussion of an Okla. Rule - not adopted yet?

Reference to law review and journal articles

Oklahoma Ethics Opinion 311 (1998)

Lawyers’ Manual on Prof. Conduct has only

summaries of Okla. Ethics Opinions

ABA Model Rules of Conduct –

look at Rule 1.8(j)

Available on ABA Website, in ABA/BNA Lawyer’s Manual,

and Westlaw. Westlaw has annotations to case law,

so try Westlaw first.

Click on Rule 1.8(j)

ABA Model Rule 1.8(j)

Comments re: Model Rule 1.8(j)

Annotated ABA Model Rules on Westlaw

Also available in print at the circulation desk – Reserve Room

Includes References to Key Cases

Search for database:ABA Model Rules

Rule 1.8

Use Ctrl F (Find): Subsection (j)

2005 Oklahoma

case

Rule 1.8(j) is not mentioned in the case

Has Oklahoma Adopted This Rule?

Oklahoma Bar Association Websitewww.okbar.org

Oklahoma Supreme Court Networkwww.oscn.net

www.okbar.org/ethics

New Rule 1.8

Subsection (j)

Comment on the rule

Eff. Jan 1, 2008

Find Case Law Relating tothe Topic

WestlawState Ethics Cases database

Westlaw Directory of databases

Topical Practice Areas

Legal Ethics & Professional Responsibility

State Cases

State Databases – for individual states

Suspended for 1 year, plus costs

Headnote 5

45k44 Misconduct as to Client

Use Ctrl. Find

Groshon: Public Censure

Gassaway: Disbarred and $10,000 costs

Get the Full-Text of Oklahoma Ethics Opinion No. 311 andSearch for Other Opinions

Oklahoma Bar Association Website

http://www.okbar.org/ethics

No mention of Rule 1.8(j)

Search for Other Oklahoma Ethics Opinions

Any newer opinions on this issue?

Ethics Opinion 308

Not newer, but older

Restatment of the Law 3d - The Law Governing Lawyers

On Westlaw(Also available in print on Reserve)

Ch. 8 expanded

Topic 2 expanded

Use Ctrl. FindAs a shortcut

Reference to cases, law review article, AAML Standards of

Conduct

Answer: Oklahoma case law, Oklahoma advisory opinions,

Oklahoma Rule 1.8(j), and specific ABA Rules of

Professional Conduct state that the conduct is unethical.

Comparing Different State Rules of Conduct

Cornell’s Legal Information Institute

(LII)www.law.cornell.edu/ethics

Texas Disciplinary Rules of Professional Conduct

The End